Sunday, November 22, 2009
Obscene British "justice" again
Judge orders mother to hand over son to father he despises -- despite the best interests of the child being supposedly paramount
A judge ordered a mother to hand over her distraught young son to her ex-husband despite admitting it would be 'almost cataclysmic' for the child. The boy is happy living with his mother, is doing well at school and fiercely resists the move, a court heard. The 11-year-old child, who cannot be identified for legal reasons, warned that his father had 'ruined my life' and said he would 'punch and kick' rather than leave his mother's home.
But Lord Justice Wall, a leading family judge, gave the woman less than a week to kiss her son goodbye before he is uprooted. She now faces being without her only child at Christmas. Last night a family friend said: 'It is horrific. He has good friends, he is bright and he loves his school, and now he is going to be taken to live two hours away.' Another friend said: 'I don't know how his mother is coping. 'How can it be right to take a boy away from the mother he loves to live with a father who he doesn't even know?' It is understood that the child does not yet know what lies ahead for him.
The child is expected to be taken to his father early next week and it is unclear when his mother will next see him. Last night the boy's father, who lives in an £800,000 detached stone cottage on the edge of a West Country village, declined to comment. A family member on the father's side said: 'The mother just wouldn't let go of her son and wouldn't let him let go. 'It's a very sad situation. You could say she was possessive. They broke up soon after he was born and there had been problems for a long time. She yes'd and no'd an awful lot and sadly broke promises.
'It's been an extremely distressing time for everyone. 'The father is an excellent man who cares deeply for his son so it has been especially hard for him. 'But in a horrible situation like this we recognise that it is also very difficult for the mother so it has been no good for anyone really.' Under the 1989 Children Act, courts must consider the child's interests above all else.
The mother's barrister told the Court of Appeal in London this week that the boy is adamant he wants nothing more to do with his father - with whom he only lived for a few months after his birth before his parents separated. Jane Hoyal told Lord Justice Wall: 'A move from the happy, settled and stable home he has with his mother would be momentous for this young man. 'There is no dispute that he will be very upset, angry and defiant when this hugely disruptive move is implemented.'
But a child psychiatrist and the boy's own court-appointed guardian were unanimous that he is 'suffering emotional harm' due to his alienation from his father, who lives a two-hour drive away. The boy's move to live with his father, who has remarried, was originally ordered by Judge Bond at Bournemouth Family Court earlier this month. That ruling was 'stayed' pending the mother's bid to overturn the decision at the Appeal Court.
But Lord Justice Wall refused permission to appeal. He said the higher court could only intervene if Judge Bond's decision was 'plainly wrong'. Despite the mother's 'ostensible willingness' for the father to have contact with the son, the boy's 'long-term psychological welfare' demanded he live with his father, he added. The father, said Lord Justice Wall, claimed he had found it impossible to build any sort of relationship with his son while he lived with his mother.
Miss Hoyal said the mother had co-operated with all contact arrangements - and gave her 'unconditional support' to her son having a relationship with his father. She told the court the couple had been engaged in 'almost continuous litigation' throughout the boy's life. She said the importance of the boy's relationship with his father had been elevated above all other factors, including the child's own wishes. She said the boy's father and stepmother would often be away working, leaving the boy to be cared for by a nanny.
But Lord Justice Wall said Judge Bond had made a ' sensible, careful, well thought-out and balanced judgment'. He added: 'I appreciate this will be hard for the mother and will be very hard for the boy.'
Original report here. (Via POLITICAL CORRECTNESS WATCH)
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